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Creditors' Objection and 341

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    Creditors' Objection and 341

    Hi:
    If a creditor does not show up at the 341 meeting, does it mean they won't object?
    I am NOT an attorney, anything I say here is not a legal advice.

    #2
    Not necessarily. They have 60 days post-341 to lodge an objection.
    Filed CH7 - 10/13/05;
    341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
    Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
    DISCHARGED: 2/15/08

    Comment


      #3
      Creditors have 60 days AFTER your 341 to object.

      In most cases, there is no reason for them to show up at the 341 as they have 60 days to object anyway.

      I check PACER every once in a while to see if any objections come in.

      Chapter 7 Filed - 11/27/07
      Discharged - 2/29/08
      Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
      Finally Closed - 3/1/09

      Comment


        #4
        Ejny, in general the 341 is separate from creditor objections, which are motions that have to be filed with the court and handled separately from the rest of your bk; a "mini-lawsuit" is what they are generally likened to. The 341 Meeting of Creditors gives your creditors the right to come and ask you questions in person... which is meaningless in terms of your case *unless* they follow up by filing an objection.

        In fact, what I seem to be hearing anecdotally is that when a creditor shows up at a 341 it's in regard to a reaff, not an objection. In fact that happened at my own 341: a creditor came in about a reaff and the trustee hustled him right out the door. There's no guarantee a creditor won't show up just to ask questions, but it's not likely anymore. They can and do file objections routinely, up until the end of the 60 days after your 341.

        Oooh! I gotta go check PACER -- haven't looked in a week or so. Woohoo!!! I feel like I'm in rehab somehow, celebrating ___ days free of my PACER addiction...
        Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

        Comment


          #5
          ok, thanks. Fresh, i am happy for you and hoping that you will see what you look for at Pacer. Oh I long the day to check my case in pacer.
          is there any other place to see some cases? how should i use cc when I am not suppose to? I need to see some cases for some, oh and aha!
          I am NOT an attorney, anything I say here is not a legal advice.

          Comment


            #6
            No, PACER's pretty much your sole source for case research, unless you want to read some really dry legalese and search case law. Do consider signing up for an account, and also consider getting the Nolo book for Chapter 7, or the Dummies book, even if you'll be getting a lawyer: the information is invaluable and will give you a good overview of the basics. Good luck!!!
            Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

            Comment

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